Is it illegal for employers not to sign labor contracts with employees and not to buy social security for employees?

Illegal. The company definitely needs to sign a labor contract and buy social security. The labor contract needs to be signed within one month after the employee joins the company. After signing the contract, it is necessary to buy social security for employees in time, but the social security expenses are shared by the employer and employees.

Legal analysis

The employer fails to go through the social insurance formalities for the employee, the employee requests the employer to go through the social insurance formalities, or the employer has gone through the social insurance formalities for the employee. However, disputes arising from employers' non-payment or refusal to pay social insurance premiums are not labor disputes, and workers can apply to the labor administrative department for settlement. Here's another situation. If the employer fails to go through the social insurance formalities for the employee, and the social insurance agency fails to complete the formalities, and the employee cannot enjoy the social insurance benefits, and the employer is required to compensate for the losses, the employee may bring a lawsuit to the people's court. Companies need to sign labor contracts and pay social security; As long as the labor contract is signed with the unit, the unit has the obligation to pay social security to the employees. This is mandatory by the state. If the employer fails to sign a labor contract with the employee or fails to pay social security for the employee, the employee may complain to the labor arbitration department. Paying social insurance according to law is the legal obligation of employers and workers. Whether the employer and the employee privately agree to exempt social insurance or the employer replaces social insurance with commercial insurance, it is illegal and invalid. To sum up, it is necessary for the company to sign a labor contract and pay social security. As long as employees meet the employment conditions, they need to be dealt with according to law. If the employee fails to sign a labor contract and pay social security, then the employee can directly request the corresponding economic compensation. If the unit does not care, it can report directly to the labor department.

legal ground

Article 58 of the Social Insurance Law of People's Republic of China (PRC) * * * The employer shall, within 30 days from the date of employment, apply to the social insurance agency for social insurance registration for employees. If the social insurance has not been registered, the social insurance agency shall verify the social insurance premium it should pay. Employees-free individual industrial and commercial households who voluntarily participate in social insurance, part-time employees who do not participate in social insurance in the employing unit and other flexible employees shall apply to the social insurance agency for social insurance registration. The state establishes a national unified personal social security number. Personal social security number is a citizen's identity number.